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HomeMy WebLinkAbout1944_02_02 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD TOWN OFMAMARONECK, NEW YORK HELD FEBRUARY 2 , 1944 In the Council Room of the Weaver Street Firehouse , Town of Mamaroneck, New York. The meeting was called to order by Supervisor Mandeville at 8: 15 p.m. (Eastern War Time) . Present: Supervisor Mandeville Councilmen Griffin, Stiner , Keeler, Embury Absent: None The presence was also noted of Town Clerk Payne , Attorney Delius , Assessor Smith , Comptroller Orsino and Accountant Finson. The minutes of January 19 , 1944 were approved with cor-- rections. NE .The Supervisor requested the Town Clerk to read the com- munications. A letter dated January 29 , 1944, was received from Emanuel Gurdin, attorney, referring to an earlier letter dated December 31 , 1943 , and an application by the Fordham Transit Co. , Inc. for a consent to operate buses on the Boston Post Road through the Town of Mamaroneck. He inquired as to when the Town Board would hold a. public hearing on this application. There was discussion following which it was agreed that a public hearing be held on March 1, 1944 at the regular meeting place. It was on motion by Councilman Embury, seconded by Councilman Stiner , upon roll call , unanimously RESOLVED , that the following notice be inserted in the "Daily Times" , the official newspaper of the Town of Mamaroneck, on February 18, 1944: NOTICE OF PUBLIC HEARING TAKE NOTICE that a. public hearing will be held by the Town Board of the Town of Mamaroneck on the 1st day of March , 1944, at 8: 15 o 'clock in the evening of that day, in the Council Room of the -Weaver Street Fire House , Weaver Street, Town of Mamaroneck, New York, for the purpose of considering the application of FORDHAM TRANSIT CO. , INC. for the consent of the Town of Mamaroneck under the provisions of Section 66 and 67 of the Transportation Corporations Law of the State of New York for the operation of motor buses or omnibuses for the transportation of passengers , and property carried by said passengers , for hire , in, upon, along and across certain streets , avenues and highways in the Town of Mamaroneck as followrs: BEGINNING at the westerly boundary line of the Town of Mamaroneck and the easterly boundary line of the City of New Rochelle on the highway known as the Boston Post Road, thence easterly on said Boston Post Road aprroximateln 1,300 feet to the westerly boundary line of the Village of Larchmont (at or about Deane Place) . And returning over the same streets , avenues and highways to the point or place of beginning. BEGINNING at the easterly boundary line of the Village of Larchmont on the highway known as the Boston Post Road, at or near Nassau Road , thence easterly , approximately 2 ,690 feet along the said Boston Post Food to the westerly boundary line of the Village of Mamaroneck. And returning over the same streets , avenues , and highways to the point or place of beginning. TAKE FURTHER NOTICE that the purpose of said public hearing is to consider the granting of such consent for the use of the above described portions of streets or highways in the Town of Ramaroneck to Fordham Transit Co. Inc . and that at said public hearing all persons interested will be given an opportunity to be heard , this notice being given pursuant to Section 64, Paragraph 7, of Chapter 62 of the Consolidated Laws , known as the Town Law, and Sections 66 and 67 of Chapter 63 of the Consolidated Laws , known as the Transportation Corporations Lahr of the State of hies York. By order of the Town Board of the Town of Mamaroneck, New York. Dated , Mamaroneck, New York February 1944 OWEN A. MANDEVILLE , Supervisor ROBERT D. PAYEE , Town Clerk 851 The Town Clerk presented an application for dance hall license from the Tinged Foot Golf Club, Inc. , and advised that the Building Inspector and Fire Inspector had approved same and that it was ready for the consideration of the Town Board. It was on motion by Councilman Griffin, seconded by Council- man Embury , unanimously RESOLVED, that the Town Board hereby approves of the application for a dance hall license made by the Winged Foot Golf Club , Inc. , and that the Town Clerk be authorized to issue same. A letter dated January 24, 1944, was received from the Hon. Pliny W. Williamson, New, York State Senator , Albany, N.Y. , acknowledging receipt of the resolution passed by the Town Board of the Town of Mamaroneck, in connection with the Pelham-Portchester Parkway through- way. The letter was ordered received and filed. A letter dated January 25, 1944, was received from Mr. Edward F.N. Uthe , Executive Secretary of The Association of Towns , stating that the Joint Legislative Committee on Interstate Cooperation of the State of New York will hold hearings on Friday , February 4th , and Saturday, February 5th , at the Hotel Roosevelt in New York City , on the subject of legislation to permit local taxation of real estate used by the federal government , or to provide payments in lieu thereof. Following some discussion, Councilman Keeler , Attorney Delius , and Assessor Smith were authorized to represent the Town at these hear- ings. The Town Clerk presented the Annual Report received from the Supervisor for the fiscal year ending December 31 , 1943. It was on motion by Councilman Keeler , seconded by Councilman Griffin, upon roll call , unanimously RESOLVED , that the Supervisor ' s report for the year ending December 31 , 1943 be approved and ordered placed on file as required by law. 8511 The report of the Receiver of Taxes and Assessments for the month of January , 1944, was received and filed. The report of the ?lestchester County Dog Protective Association for the month of January 1944, was received and filed. The Supervisor suggested that the meeting proceed with re- ports of committees. Councilman Feeler reported that the insurance policy and the endorsement protecting the Town against loss in connection with the use of Town-owned property at the corner of Grand Street and Fenimore Road as a pistol range by the Mamaroneck Auxiliary Police and pistol Club had been received in proper order and was being turned over to the Town Clerk for the files of the Town. He informed the members of the Board that Fire Chief Burton was still in the hospital following an automobile accident. That he was feeling somewhat better and that the doctor advised that it was a question of four or five days before he would be up and around. Councilman heeler referred to a bill received from the Fire Chiefs ' Fmergency Plan for dues and stated that he would take the mat- ter up with the Fire Chief Nhen he would be well enough to discuss the matter. He also reported that the process of duplicating the assess- went cards was in progress and that about two more Saturday afternoons would complete the job. He added that it now appears that the cost gill be far belori the amount estimated. He commented on legislation now pending requiring four years of residence in the State to be eligible for welfare assistance. Councilman Griffin presented a petition received from the Assessor for the correction of the assessment roll so as to hermit the apportionment of taxes. On motion by Councilman Griffin, seconded by Councilman Stiner , the following resolution was unanimously adopted: WHEREAS , the Assessor has presented a petition for the correction of the assessment roll for certain years , pursuant to the provisions of Section 33 of Chapter 105 of the Laws of 1916 , as amended , known as the Westchester County Tax Act , and WHEREAS , after due consideration this Board finds it desirable to grant said petitions for the cor- rection of said assessment roll:, NOW, THEREFORE BE IT RESOLVED , that the assessment rolls for the year 1943, taxes of 1944, which show property now appearing on the rolls as follows : Section Bloch. Lot Name Land Imp. Total 6 41 49B , 50B, (6C9-206) 50D & 2C Salvatore Albanise $1800 4500 6300 be corrected as follows , in accordance with the provisions of subdivision 5 of Section 33 : Section_Block_Lot Name Land InE. Total 6 41 49B, 50B Sears Roebuck & Co. 811'70 4500 5670 (609-206) 6 41 50D Salvatore Alba.nise 130 130 (6o9-638) 6 41 2C Salvatore ^.lbanise 500 500 (609-643) Councilman Griffin presented. the Statement of Bank Balances at 9 a.m. February 2 , 1944, which was received and filed. He presented the statement of claims audited and paid by the Comptroller from January 20 to February 2 , 1944, which was re- ceived and filed. Councilman Stiner reported that the work on various drains throughout the Town had been completed. He also reported that Mr. Donovan, Personnel Officer , had approved of the payroll for the list of appointments made by the Town Board on January 5, 1944. Councilman Embury read a letter received from Mr. Wang , Chairman of the Park Commissioners , recommending the appointment of Thomas Aitchison, Sr. to take the place of Thomas Aitchison, Jr . when he leaves for military duty. The definite date of Mr. Aitchison' s departure was unknown to Mr . Embury and the members of the Board and action was deferred un- til a notice is filed by him. A letter dated February 2 , 1944 was received from Henry R. Dillon, Receiver of Taxes , in which he recommended the settlement of certain tax arrears on property known as Block 829 , Parcel 18 (old description, Section 8 , Block 92 , Lots 26 and 27) . Followin some discussion, it was on motion by Councilman Stiner , seconded by Councilman Embury , upon roll call , unanimously RESOLVED, that the Receiver of Taxes and Assess- ments be and he hereby is authorized, empowered and directed to accept payment of the following taxes on the following described property , the liens for which are held by the Town, at the face amount of the liens , provided payment is made within thirty days : Date Year State , County , Block Parcel of of Town and Dis- School Sale Levv trict Taxes_ _ -Tax__ 829 18 1935 1934 8 14. 71 8 7. 81 (old description, Sec- 1936 1935 5.41 7.75 tion 8 , Blk 92 , Lot 26) 1937 1936 7.68 7.91 1938 1937 8.24 8.32 1939 1938 9. 59 8.41 1940 1939 8.29 7.73 1941 1940 8. 58 7.95 1942 1941 9.05 7.69 1943 1942 9.51 2.96 s 71.CT 871. 53 829 18 1935 1934 14.71 7.81 (old description , Sec- 1936 1935 1937 1936 5.41 . 68 7.91 tion 8 , B1k 92 , 1938 1937 8.24 8.31 1939 1938 9. 58 8.40 1940 1939 8.28 7.73 1941 1940 8. 58 7.94 1942 1941 9.04 7.68 - 1943 1942 9. 1 9.96 8 71'1'03 $71.49 871.49 On motion by Councilman Keeler , seconded by Councilman Griffin, upon roll call , it was unanimously 857 RESOLVED , that the Receiver of Taxes and Assessments be and he hereby is authorized , empowered and directed to accept payment of the following taxes on the fol- lowing described property, the liens for which are held by the Town, at the face amount of the liens , provided payment is made within thirty days : Date of Year of Amount of Block Parcel Sale Levy , Lien 616 350 1942 1941 1941 1943 1942 28.60 43.11 The Supervisor announced that he had received an offer from Molly Moss , for property formerly knovin as Section 1, Block 65, Lots 81 and 82 , adjoining other property owned by Mrs. Ross , which the Town owns by virtue of a foreclosure of tax liens. After reporting to the Board the amount of taxes represented in this foreclosure , it was on motion by Councilman Stirrer , seconded by Councilman Feeler , unanimously RESOLVED, that the Supervisor be and he hereby is authorized to enter into a contract and to execute and deliver a deed for the sale of the above mentioned property, to Molly Loss for the total sum of $200.00: such property to be sold free and clear of all taxes and tax liens , in- cluding the state , county, town and school taxes for the year 1943 . The Supervisor presented and read a letter dated January 21 , 1944 received from Mr. A. Stirling Smith in which Mr. Smith expressed his desire to retire from the office of Chairman of the Board of Appeals for Zoning for the Town effective at the expiration of his term on February 19 , 1944. The Supervisor informed the members of the Board that Mr. Smith had conferred with him about his intention to retire and that following their discussions the Supervisor thought that he had per- suaded Mr. Smith to continue on. But that due to the large number of years given to the Town and Mr. Smith ' s strong wish to take things a little bit easier , he believed that he finally decided to go through with his earlier intentions. At first the members of the Board thought that Mr. Smith would re-consider. After hearing the Supervisor ' s report , they decided that there was nothing else to do but accept Mr. Smith ' s letter of resignation. It was on motion by Councilman Keeler , seconded by Councilman Embury , unanimously RESOLVED, that the letter dated January 21, 1944 received from Mr. A. Stirling Smith , Chairman of the Board of Appeals for Zoning, announcing his retirement and/or resignation from the Board of Appeals for Zoning as of February 19 , 1944, be accepted with regret. FURTHFR, that the Town Clerk be authorized to send a letter to Mr. Smith thanking him on behalf of the residents of the Town and the members of the Town Board for his faithful services to the Town for the past ten years , and to extend the wish for his health and happiness during his retirement. The Supervisor asked the Town Attorney if he had anything to present to the Board. 859 The Town Attorney recommended the following resolutions ,and it was on motion by Councilman Griffin, seconded by Councilman Keeler , upon roll call , unanimously resolved WHFREAS , heretofore a 'writ of certiorari was obtained by MERCHANTS FIRF ASSURANCE CORPORATION OF NEW YORK owner of property described on the assessment map and assessment roll of the Town of Mamaroneck as Block 720 , Parcel 370; and WHEREAS , the Assessor and Board of Review of the Town of Aiamaroneck duly filed returns to said writ , and no further proceedings have been taken; and WHEREAS , the Town Attorney and Assessor recommend to this Board that the proceedings be settled and dis- continued upon the reduction of the assessment for the year 1942 (tax of 1943) as follows : FROM Block Parcel Land Innrov_ements Total 720 370 $11, 500 $22, 500 $34,000 TO 720 370 $ 9,250 $18,250 $27,500 NOVd, THEREFORE , BE IT RESOLVED, that the assessment for the year 1942 (tax of 1943) upon property owned by MERCHANTS FIRE ASSURANCE CORPORATION OF NEW YORK , and de- scribed upon the assessment map and assessment roll of the Town of Mamaroneck as Block 720 , _ Parcel 370 , be reduced from $34 ,000 to $27, 500 provided that the certiorari rroceeding now pend- ing in the name of Merchants Fire Assurance Cor- poration of New York for the year 1942 (tax of 1943) be discontinued without costs td the Town of Mamaroneck. FURTHER RESOLVED , that the Town Attorney is hereby authorized and directed to sign the necessary sti- pulation to obtain an order of the Supreme Court providing for such reduction and the refund of excess taxes paid , if any. It was on motion by Councilman Griffin, seconded by Councilman Keeler , upon roll call , unanimously resolved WHEREAS , heretofore a writ of certiorari was obtained by MERCHANTS FIRE ASSURANCE. CORPORATION OF NEW YORK, owner of property described on the assessment map and assessment roll of the Town of Mamaroneck as Block 720 , Parcel 370; and WHEREAS , the Assessor and Board of Review of the Town of Mamaroneck dulv filed returns to said writ , and no further proceedings have been taken; and WHEREAS , the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment or the year 1943 (tax of 1944) as follows : FROM Block Parcel Land Improvements Total 720 370 $11 , 500 $20 ,000 831 , 500 861 TO Block Parcel Land Improvements Total 720 37C $9 ,250 $18 ,250 $27 , 500 NOW, THEREFORE , BE IT RESOLVED, that the assessment for the year 1943 (tag of 1944) upon property owned by MERCHANTS FIRE ASSURANCE CORPORATION OF NEW YORK and de- scribed upon the assessment map and assessment roll of the Town of Iiamaroneck as Block 720 , Parcel 370 , be reduced from $31 , 500 to $27, 500 provided that the certiorari proceeding now pend- ing in the name of TLerchants Fire Assurance Cor- poration of New York for the year 1943 (tag of 1944) be discontinued without costs to the Town of Mamaroneck. It was on motion by Councilman Griffin, seconded by Council- man Keeler , upon roll call , unanimously resolved WHEREAS , heretofore a writ of certiorari was obtained by OAK-RIVER STREET CO. , INC . , owner of property described on the assessment map and assessment roll of the Town of LTamaror.ecic as Block 912 , Parcel 22; and WHEREAS , the Assessor and Board. of Review of the Town of Pamaroneck duly filed returns to said writ ; and WHEREAS , an order of reference has been made ap- pointing a referee and no further proceedings have been taken; and —" WHEREAS , the Town Attorney and Assessor recommend to this Board that the proceedings be settled and discontinued upon the reduction of the assessment for the year 1942 (tag of 1943) as follows: FROLT Block Parcel Land Imrrovements Total 912 22 $18,000 $20,000 $38 ,000 TO 912 22 812 ,000 $18 ,000 $30 ,000 NOW, THEREFORE , BE IT RESOLVED, that the assessment for the year 1942 (tax of 1943) upon -- operty owned by OAK-RIVER STREET CO. INC . and described upon the assess- ment map and assessment roll of the Town of Mamaroneck as Block 912 , Parcel 22 , be reduced from $38,000 to $30,000 provided that the cer- tiorari new pending in the name of Oak-River Street Co. , Inc . for the year 1942 (tax of 1943) be discontinued without costs to the Town of Mamaroneck. FURTHER RESOLVED, that the Town Pttorney is hereby authorized and directed to sign the necessary stipulation to obtain an order of the Supreme Court providing for such reduction and the refund of excess taxes paid, if any. The Town Attorney stated that he wished to place on record that he intended to retain Mr. Ivan Flood to represent the Town as an real estate expert in the matter of the Town of Mamaroneck vs. Chelsea Fireproof Storage Warehouses , Inc . , and asked the members of the Board if this would meet with their approval. The members of the Board ap proved of the employment of tor. Flood. Following some discussion on the vacancy left by the re- signation of Mr. A. Stirling Smith as a member of the Zoning Board of Appeals , it was on motion by Councilman Keeler , seconded by Council- man Embury , upon roll call , unanimously RESOLVED, that Mr. Clarence C. Merritt be and he hereby is appointed a member of the Board of Appeals for Zoning for the term commencing February 19 , 1944 and expiring February 19 , 1949. At 10;15 p.m. the Board unanimously resolved to adjourn. Town Clerk